United States v. Emilio Bruscantini, 761 F.2d 640 (11th Cir. 1985). · Go Syfert
United States v. Emilio Bruscantini, 761 F.2d 640 (11th Cir. 1985). Cases Citing This Book View Copy Cite
71 citation events (11 in the last 25 years) across 20 distinct courts.
Strongest positive: United States v. Dwaine Collins (ca4, 2014-12-08) · Strongest negative: State v. Fogarty (nj, 1992-06-08)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 34 distinct citers.
discussed Cited "but see" State v. Fogarty (2×)
N.J. · 1992 · signal: but see · confidence high
But see United States v. Bruscantini, 761 F. 2d 640, 641-42 (11th Cir.) (identical situation as Brady but declining to apply Cox and Raley *81 because no entrapment when government that advises is not the same as government that convicts), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88 L.Ed. 2d 233 (1985).
discussed Cited as authority (rule) United States v. Dwaine Collins
4th Cir. · 2014 · confidence medium
The Etheridge court quoted at length from an Eleventh Circuit case, United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.1985), which distinguished Cox and Raley by finding that when “the government that advises and the government that prosecutes are not the same, the entrapment problem is different.” Etheridge controls the outcome in this case: here, as there, the defendant was convicted for violating federal law despite receiving conflicting advice from a state official about similar state law.
discussed Cited as authority (rule) Amended September 4, 2014 State of Iowa v. Nathan Daniel Olsen
Iowa · 2014 · confidence medium
Cf. United States v. Jones, 910 F.2d 760, 761 (11th Cir. 1990) (holding that a plea of nolo contendere with adjudication withheld is a conviction for purposes of federal sentencing guidelines); United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir. 1985) (nolo contendere with adjudication of guilt withheld is a conviction under 18 U.S.C. § 922 (b) (1982)), superseded by statute on other grounds, Firearm Owners’ Protection Act, Pub.
discussed Cited as authority (rule) State of Iowa v. Nathan Daniel Olsen (2×)
Iowa · 2014 · confidence medium
Cf. United States v. Jones, 910 F.2d 760, 761 (11th Cir.1990) (holding that a plea of nolo contendere with adjudication withheld is a conviction for purposes of federal sentencing guidelines); United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir.1985) (nolo contendere with adjudication of guilt withheld is a conviction under 18 U.S.C. § 922 (b) (1982)), superseded, by statute on other grounds, Firearm Owners’ Protection Act, Pub.
discussed Cited as authority (rule) United States v. Executive Recycling, Inc.
D. Colo. · 2013 · confidence medium
See United States v. Rector, 111 F.3d 503, 506 (7th Cir.1997); United States v. Etheridge, 932 F.2d 318, 322 (4th Cir.1991) (to permit the entrapment by estoppel defense on federal charges when misstatements were made by state officials “would penalize the wrong government — the government that prosecuted the appellant rather than the government that mistakenly and misleadingly interpreted the law.”); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985) (same).
discussed Cited as authority (rule) United States v. Bader (2×) also: Cited "see, e.g."
10th Cir. · 2012 · confidence medium
See United States v. Stults, 137 Fed.Appx. 179, 184 (10th Cir.2005) (holding that defendant did not present a plausible claim of entrapment by estoppel where it was based upon the representations of a state probation officer and a state judge pertaining to his conviction under federal law); United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.1991) (noting that no defense of entrapment by estoppel could be established where “the government that advises and the government that prosecutes are not the same”) (quoting United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985)) (inter…
discussed Cited as authority (rule) United States v. Mayico Alphonso Golden
11th Cir. · 2008 · confidence medium
See United States v. Funches, 135 F.3d 1405, 1407 (11th Cir.1998); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985), superseded by statute on other grounds, see United States v. Fernandez, 234 F.3d 1345 , 1347 n. 2 (1 lth Cir.2000) (per curiam).
discussed Cited as authority (rule) United States v. Larry Arthur Ormsby
6th Cir. · 2001 · confidence medium
The district court’s determination that the defense was not available here is consistent with several unpublished decisions of this court, as well as the decisions of a number of other circuits.- See, e.g., United States v. Funches, 135 F.3d 1405, 1407 (11th Cir.1998) (collecting eases); United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir.1985).
cited Cited as authority (rule) Commonwealth v. Kratsas
Pa. · 2001 · confidence medium
See, e.g., United States v. Spires, 79 F.3d 464, 466 (5th Cir.1996); United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88 L.Ed.2d 233 (1985).
discussed Cited as authority (rule) United States v. Ortegon-Uvalde
5th Cir. · 1999 · confidence medium
“The estoppel argument was held to establish a valid defense in Cox v. Louisiana, 379 U.S. 559 . . . (1965) and Raley v. Ohio, 360 U.S. 423 . . . (1959).” United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir. 1985).5 The district court considered this defense when it took Ortegon’s case under advisement.
discussed Cited as authority (rule) ca3 1999
3rd Cir. · 1999 · confidence medium
See Hurst, 951 F.2d at 1499-50 ; United States v. Etheridge, 932 F.2d 318, 320-21 (4th Cir. 1991); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir. 1985). 6 Stewart's claims are: (i) that because the Account was forfeitable only as a substitute asset, the district court had no power to restrain it from May 1998 to October of that year, the time between Stewart's request to lift the pre-trial restraints and the court's order forfeiting the Account as a substitute asset; (ii) that forfeiture of the Account under the substitute asset provision violates his Sixth Amendment right to co…
cited Cited as authority (rule) United States v. Stewart
3rd Cir. · 1999 · confidence medium
See Hurst, 951 F.2d at 1499-1500 ; United States v. Etheridge, 932 F.2d 318, 320-21 (4th Cir.1991); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985). 6 .
discussed Cited as authority (rule) United States v. Sergio Alberto Ortegon-Uvalde, A.K.A. Sergio Garcia-Leal
5th Cir. · 1999 · confidence medium
“The ’estoppel argument was held to establish a valid defense in Cox v. Louisiana, 379 U.S. 559 , 85 S.Ct. 476 , 13 L.Ed.2d 487 ... (1965) and Raley v. Ohio, 360 U.S. 423 , 79 S.Ct. 1257 , 3 L.Ed.2d 1344 ... (1959).” *960 United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir.1985). 5 The district court considered this defense when it took Ortegon’s case under advisement.
discussed Cited as authority (rule) United States v. Buddy G. Rector
7th Cir. · 1997 · confidence medium
See, e.g., United States v. Etheridge, 932 F.2d 318, 322 (4th Cir.) (entrapment by estoppel instruction not appropriate where state trial judge erroneously informed convicted felon he could own guns for hunting purposes; to permit the defense "would penalize the wrong government — the government that prosecuted the appellant rather than the government that mistakenly and misleadingly interpreted the law.”), cert. denied, 502 U.S. 917 , 112 S.Ct. 323 , 116 L.Ed.2d 264 . (1991); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.) (defense unavailable where state judicial and prose…
discussed Cited as authority (rule) United States v. Aquino-Chacon
4th Cir. · 1997 · confidence medium
Cheek v. United States, 498 U.S. 192, 199 , 111 S.Ct. 604, 609 , 112 L.Ed.2d 617 (1991). 10 Instead of grounding his due process challenge on lack of fair notice, however, Aquino-Chacon relies on Raley v. Ohio, 360 U.S. 423 , 79 S.Ct. 1257 , 3 L.Ed.2d 1344 (1959), which established " 'a narrow exception to the general principle that ignorance of the law is no defense.' " United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.1991) (quoting United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.1985)).
discussed Cited as authority (rule) United States v. Aquino-Chacon
4th Cir. · 1997 · confidence medium
Instead .of grounding his due process challenge on lack of fair notice, however, Aquino-Chacon relies on Raley v. Ohio, 360 U.S. 423 , 79 S.Ct. 1257 , 3 L.Ed.2d 1344 (1959), which established “ ‘a narrow exception to- the general principle that ignorance of the law is no defense.’ ” United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.1991) (quoting United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.1985)).
discussed Cited as authority (rule) Scott Lee Tinsley v. United States
6th Cir. · 1997 · confidence medium
United States v. Spires, 79 F.3d 464, 466-67 (5th Cir.1996) (to satisfy requirements of the defense when charged with a federal crime, defendant must show reliance on either a federal government official or authorized agent of the federal government); United States v. Brebner, 951 F.2d 1017, 1026 (9th Cir.1991) (defendant "not entitled to rely on any representations made by state or local officials because, unlike situations where estoppel has been upheld, these officials lacked the authority to bind the federal government to an erroneous interpretation of federal law"); United States v. Brusc…
discussed Cited as authority (rule) United States v. Pearrell
4th Cir. · 1996 · confidence medium
Corp., 402 U.S. 558, 563 (1971), the Supreme Court has recognized a narrow exception to that general principle in the Raley line of cases, United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.), cert. denied, 502 U.S. 917 (1991) (quoting United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir.), cert. denied, 474 U.S. 904 (1985)).
discussed Cited as authority (rule) United States v. Walter William Pearrell
4th Cir. · 1996 · confidence medium
Corp., 402 U.S. 558, 563 (1971), the Supreme Court has recognized a narrow exception to that general principle in the Raley line of cases, United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.), cert. denied, 502 U.S. 917 (1991) (quoting United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir.), cert. denied, 474 U.S. 904 (1985)).
discussed Cited as authority (rule) Bsharah v. United States
D.C. · 1994 · confidence medium
See United States v. Etheridge, 932 F.2d 318, 320-321 (4th Cir.), cert. denied, — U.S. -, 112 S.Ct. 323 , 116 L.Ed.2d 264 (1991); United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88 L.Ed.2d 233 (1986).
discussed Cited as authority (rule) United States v. Shanta A. Howell, and George T. Howell, III
7th Cir. · 1994 · confidence medium
See, e.g., United States v. Troncoso, 23 F.3d 612, 616 (1st Cir.1994) (holding that appellant fails to satisfy threshold element of showing that government official erroneously advised him that the act of conviction was actually legal when committed); United States v. Nichols, 21 F.3d 1016, 1018 (10th Cir.1994) (holding entrapment by es-toppel inappropriate because no allegation of affirmative representation or “active misleading” by government agent that defendant was able to possess firearm after probation ended); United States v. Corso, 20 F.3d 521, 528-29 (2d Cir.1994) (discussing elem…
discussed Cited as authority (rule) United States v. Conley (2×) also: Cited "see, e.g."
W.D. Pa. · 1994 · confidence medium
Nichols, 21 F.3d at 1017-1019 (affirming denial of motion to appoint psychological expert to testify in support of the defense); Weitzenhoff, 1 F.3d at 1534-35 (refusal to instruct jury upheld); Billue, 994 F.2d at 1569 (refusal to instruct *927 jury upheld); LaChapelle, 969 F.2d at 637-38 (refusal to instruct jury upheld); United States v. Hurst, 951 F.2d 1490, 1499 (6th Cir.1991) (refusal to instruct jury upheld), cert. denied, — U.S. —, 112 S.Ct. 1952 , 118 L.Ed.2d 556 (1992); United States v. Brebner, 951 F.2d 1017, 1024-27 (9th Cir.1991) (affirming exclusion of evidence purporting to …
cited Cited as authority (rule) United States v. Craig Andrew Mitran, Also Known As, Andy Craig
7th Cir. · 1991 · confidence medium
United States v. Etheridge, 1991 U.S.App.Lexis 7841, pp. 2-4 (4th Cir. April 30, 1991); United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985).
discussed Cited as authority (rule) United States v. Brady
D. Colo. · 1989 · confidence medium
In United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88 L.Ed.2d 233 (1985) the court declined to apply Raley and Cox based on a state court judge’s assertion that a nolo plea did not make the defendant a convicted felon.
discussed Cited as authority (rule) United States v. Walter David Tallmadge
9th Cir. · 1987 · confidence medium
The gun dealer's only information concerning that crucial fact was Tallmadge's negative answer on the FTR 6 For example, after the evidence was in, the district judge articulated his suspicion that "Mr. Tallmadge knew it was a crime." R.T., April 21, 1986, at 10 7 The court also noted that Cox and Raley involved state officials interpreting state law, while Bruscantini involved state officials purporting to interpret federal law. 761 F.2d at 641-42
discussed Cited "see" UNITED STATES of America, Plaintiff-Appellee, v. Elton Lee FUNCHES, Defendant-Appellant
11th Cir. · 1998 · signal: see · confidence high
See United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.1985) (entrapment-by-estoppel defense unavailable in 18 U.S.C. § 922 prosecution where state judicial and prosecutorial officials advised defendant that plea of nolo contendré did not constitute felony conviction).
discussed Cited "see" United States v. Funches
11th Cir. · 1998 · signal: see · confidence high
See United States v. Bruscantini, 761 F.2d 640 , 642 4 (11th Cir.1985) (entrapment-by-estoppel defense unavailable in 18 U.S.C. §922 prosecution where state judicial and prosecutorial officials advised defendant that plea of nolo contendre did not constitute felony conviction).
discussed Cited "see" United States v. Funches
11th Cir. · 1998 · signal: see · confidence high
See United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.1985) (entrapment-by-estoppel defense unavailable in 18 U.S.C. § 922 prosecution where state judicial and prosecutorial officials advised defendant that plea of nolo contendre did not constitute felony conviction).
discussed Cited "see" United States v. Coleman Hall
6th Cir. · 1994 · signal: see · confidence high
See Bruscantini, 761 F.2d at 641-42 . 13 After a thorough review of the relevant case law, we conclude that on the facts in this case, appellant was not entitled to an instruction to the jury on the defense of entrapment by estoppel.
discussed Cited "see" United States v. Gregory S. Brebner
9th Cir. · 1991 · signal: see · confidence high
See United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.1991) (estoppel defense to federal firearms charge rejected because based on advice of state trial judge rather than official of federal government) (citing United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88 L.Ed.2d 233 (1985)); United States v. Allen, 699 F.2d 453 , 458 n. 1 (9th Cir.1982) (entrapment defense based on alleged misrepresentations of state parole officer rejected because no claim that any federal officials induced unlawful act).
cited Cited "see, e.g." Miller v. Commonwealth
Va. Ct. App. · 1997 · signal: compare · confidence medium
Compare Brady, 710 F.Supp. at 295 , with United States v. Etheridge, 932 F.2d 318, 321 (4th Cir.), and United States v. Bruscantini, 761 F.2d 640, 642 (11th Cir.).
discussed Cited "see, e.g." United States v. Thompson (2×)
N.D. Fla. · 1991 · signal: compare · confidence low
Compare United States v. Bruscantini, 761 F.2d 640 (11th Cir.) (relying on federal law and holding that a nolo plea, adjudication withheld, qualifies as a “conviction” for purposes of a federal prosecution under section 922), cert. denied, 474 U.S. 904 , 106 S.Ct. 271 , 88 L.Ed.2d 233 (1985) and United States v. Garcia, 727 F.2d 1028 (11th Cir.1984) (same) with United States v. Grinkiewicz, 873 F.2d 253 (11th Cir.1989) (relying on state law and holding that a guilty plea, adjudication withheld, qualifies as a “conviction” for purposes of section 922(g)(1)) and United States v. Orellane…
discussed Cited "see, e.g." David A. Clarke v. United States (2×)
D.C. Cir. · 1990 · signal: compare · confidence medium
See also United States v. Brady, 710 F.Supp. 290 (D.Colo.1989); compare United States v. Bruscantini, 761 F.2d 640, 641-42 (11th Cir.1985) (rejecting argument that reliance on stated opinion of state judge and state prosecutor was a defense to federal charge). 12 Of course we cannot say that the risk of an attempted prosecution is zero.
discussed Cited "see, e.g." United States v. Eddie L. Jones
11th Cir. · 1990 · signal: see, e.g. · confidence medium
See, e.g., United States v. Bruscantini, 761 F.2d 640, 641 (11th Cir.1985); United States v. Garcia, 727 F.2d 1028, 1029 (11th Cir.1984); see also United States v. Grinkiewicz, 873 F.2d 253, 255 (11th Cir.1989) (adjudication withheld after guilty plea).
UNITED STATES of America, Plaintiff-Appellee,
v.
Emilio BRUSCANTINI, Defendant-Appellant
84-5780.
Court of Appeals for the Eleventh Circuit.
May 28, 1985.
761 F.2d 640
Paul Morris, Miami, Fla., for defendant-appellant., Stanley Marcus, U.S. Atty., Linda Collins-Hertz, Roy B. Kahn, Sonia E. O’Don-nel, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.
Godbold, Krav-Itch, Hatchett.
Cited by 50 opinions  |  Published
GODBOLD, Chief Judge:

This is an appeal from a denial of a motion to dismiss the indictment. We affirm.

In 1974 appellant Bruscantini entered a plea of nolo contendere to a Florida burglary charge. The state judge withheld adjudication of guilt and placed him on probation. Appellant was told that the disposition of his case did not constitute a conviction. He successfully completed his probationary term.

In 1982 Bruscantini obtained two firearms. He was subsequently charged with violating 18 U.S.C. § 922(b) (1982), which prohibits convicted felons from receiving firearms that have been shipped in interstate commerce. He was also charged for making false statements to the vendor of the firearms in violation of 18 U.S.C. § 924(a) (1982). This second charge was dropped. Bruscantini entered a conditional plea of guilty to the first charge, reserving the right to appeal the court’s denial of his motion to dismiss the indictment. He received a $1,000 fine and was sentenced to five years probation.

Appellant claims that he was not a convicted felon at the time of his arrest for receiving firearms because he had pleaded nolo contendere to the state burglary charge and because the state judge had withheld adjudication. We rejected this argument in U.S. v. Garcia, 727 F.2d 1028 (11th Cir.1984) (relying upon Dickerson v. New Banner Institute, Inc., 460 U.S. 103, 103 S.Ct. 986, 74 L.Ed.2d 845 (1983)). Appellant’s second contention, that Dickerson cannot be applied retroactively, was also rejected. See U.S. v. Garcia, supra.

Appellant’s final contention is that he cannot be convicted for violating § 922 because the state judge who accepted his nolo plea, as well as the state prosecutor, told him that he was not a convicted felon. Therefore, he argues, because he reasonably relied upon the interpretation of law provided by authoritative state officials, he cannot now be convicted for violating a statute that prohibits convicted felons from possessing firearms. Appellant’s estoppel argument was held to establish a valid defense in Cox v. Louisiana, 379 U.S. 559, 85 S.Ct. 476, 13 L.Ed.2d 487 (1965), and Raley v. Ohio, 360 U.S. 423, 79 S.Ct. 1257, 3 L.Ed.2d 1344 (1959).

The facts of this case do not warrant application of the rule of Cox and Raley. Here, while state officials provided the interpretation upon which appellant relied, federal officials indicted and convicted him for a violation of federal law. On the other hand, in both Supreme Court decisions, state officials had interpreted state law and subsequently convicted the defendants under that law. This distinction is important here, particularly where the analysis of the federal law, § 922, does not depend on state practice, see Dickerson v. New Banner Institute, Inc., supra, and where knowledge[*642] of one’s status as a convicted felon is not an element of the pífense of receiving firearms. See U.S. v. Goodie, 524 F.2d 515 (5th Cir.1975), cert. denied, 425 U.S. 905, 96 S.Ct. 1497, 47 L.Ed.2d 755 (1976).

The rule of Cox and Raley is a narrow exception to the general principle that ignorance of the law is no defense. It was prompted by the Court’s observation that permitting the government to prosecute individuals who reasonably rely upon that government’s interpretation of the law would constitute a kind of entrapment. Where, however, the government that advises and the government that prosecutes are not the same, the entrapment problem is different. Moreover, if one benefit of the estoppel defense is that it encourages government officials to better know and articulate the law, that benefit is not present where application of the defense would penalize the wrong government — the government that prosecuted appellant rather than the government that mistakenly and misleadingly interpreted the law. Appellant, therefore, is not insulated from prosecution.

AFFIRMED.